Decided on May 12,1953



Ramaswami, J. - (1.) This civil revision petition and the Writ petition arise out of the same order.
(2.) The facts are: In Vatticherukur village ill Guntur taluk, there is a temple known as Sri Brahmeswaraswami temple. The archaka of this temple was Prattipati Dandaiah. He seems to have been practically managing or more appropriately mismanaging the affairs of this temple and the Hindu Religious Endowments Board has intervened. From the order of the Hindu Religious Endowments Board, Annexure to order No. 8870 dated 18-11-1949, it appears that this archaka has been dismissed from service. The Board has appointed as the managing trustee of this temple Sri Nori Venkatrama Dikshitalu in its order No. 1943 dated 5-7-1947. The dismissed archaka who has been managing the properties claimed as the endowments of the temple refused to hand over possession of the properties to the deity by its managing trustee. Then two sets of proceedings had arisen. The managing trustee filed O. P. No. 149 of 1949 before the District Judge of Guntur under Section 78 of Madras Act II of 1927 for delivery of possession of the temple properties. This dismissed archaka contended that these properties were granted to the ancestors of this Dandaiah who was the hereditary archaka of the temple and that the properties had been leased out to Raghavayya and others for a period of five years by means of a registered lease deed dated 1-5-1949. On account of the passing of the new Hindu Religious and Charitable Endowments Act, O. P. No. 149 of 1949 was returned to the managing trustee by the learned District Judge on 30-11-1961 for presentation to proper court. The dismissed archaka thereupon filed O. S. No. 725 of 1951 in the District Munsifs court Guntur, for an injunction restraining the managing trustee from interfering with the archaka's possession. On 6-12-1951 the learned District Munsif also granted an interim injunction restraining the managing trustee from taking possession of the disputed properties. This is one set of proceedings. The other set of proceedings was before the Additional First Class Magistrate, Guntur. The Hindu Religious Endowments Board had issued a certificate in their order No. 4825-B dated 15-9-1949 that the lands noted in the schedule and situated within the limits of the jurisdiction of the Additional First Class Magistrate's Court, Guntur, were the lands of the said temple. The Managing trustee on the foot of this certificate filed an application before the Additional First Class Magistrate, Guntur, for necessary action under Section 87 read with Section 103 of the Madras Hindu Religious and Charitable Endowments Act XIX of 1951 directing the dismissed archaka and tenants under him under the registered lease deed to deliver possession of the schedule lands with the crops thereon to the managing trustee. The learned Magistrate allowed the application and directed delivery on 4-12-1951.
(3.) Thereupon C. R. P. No. 2138 of 1951 against the said order of the learned Additional First Class Magistrate and a Writ Petition for issuing a writ of certiorari calling for records in M. C. No. 122 of 1951 on the file of the Additional First Class Magistrate, Guntur, and quashing the order dated 4-12-1951 of the said Magistrate (2nd respondent), have been filed.;

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